ELR Citation: ELR 21162
No(s). 88-1319-PA (D. Or. May 23, 1990)

The court holds that the Columbia River Gorge National Scenic Area Act, enacted in 1986 to establish land use development standards within the scenic area along the Columbia River in Oregon and Washington, is constitutional. The court first holds that plaintiffs, private landholders in areas covered by the Act whose land use proposals were denied, have standing to sue. However, the court also holds that the landowners' takings claims are not ripe for review because the federal government has not denied them just compensation, and they have not appealed to state court or used the process provided by the Tucker Act. The court then holds that the Act does not violate the Tenth Amendment, the Commerce Clause, the Property Clause, the Compact Clause, the Due Process Clause, or the Appointments Clause. Finally, the court holds that the commission charged with implementing the Act did not abuse its discretion when it adopted certain definitional rules.

Counsel for Plaintiff
Richard T. Ligon, William H. Howell
Woodard & Ligon
8755 SW Citizens Dr., Ste. 103, P.O. Box 660, Wilsonville OR 97070
(503) 682-7272

Counsel for Defendants
Stephanie Striffler
Trial Division, 450 Justice Bldg., Salem OR 97310
(503) 378-6313

Panner, J.